Mental Health Act Bars Punishing Persons For Offences Committed While Attempting Suicide : Kerala High Court

The Kerala High Court ruled that convicting and sentencing a person under the provisions of the Indian Penal Code for other offences is illogical when they have attempted to commit suicide in the course of same transaction. The Court held that, under Section 115 of the Mental Healthcare Act, 2017, such prosecution is barred unless the prosecution proves that the individual was not under severe stress.The Court was hearing an appeal filed by a 27 year old mother convicted for smothering her 3 ¾ month son with her hands and subsequently attempting suicide by inflicting cut injuries on her body using blade.The Division Bench of Justice Raja Vijayaraghavan V and Justice P. V. Balakrishnan stated that Section 115 creates a statutory presumption that a person who attempted suicide is under severe stress, unless proven otherwise and therefore cannot be prosecuted under the IPC for other offences committed in the same transaction. The Court thus declared all proceedings against the appellant as illegal and set it aside.Court stated, “..on a literal interpretation of Section 115(1), it can be stated that any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and cannot be tried and punished for any offences under the IPC. In other words, we may say that Section 115(1) of the Act, creates an embargo in conducting trial and punishing a person, who has attempted to commit suicide, not only for the offence under Section 309 IPC but also for any other offences under IPC committed in the course of the same transaction, unless it is proved that the person accused is not having severe stress… In other words, it is sans logic to convict and sentence an accused under the other provisions of the IPC, when he has attempted to commit suicide during the course of same transaction and has not been proved not having severe stress.”As per Section 115 of the MH Act, there is a presumption that a person who attempted to commit suicide was under severe stress. Therefore, a person attempting suicide cannot be tried and punished under Section 309 of the Indian Penal Code unless the prosecution can show that the person was not under any stress.The appellant herein was challenging her conviction and life imprisonment imposed under Section 302 (punishment for murder), and simple imprisonment of six months imposed under Section 309( attempt to commit suicide) of the IPC. The Counsel for appellant submitted that conviction cannot sustain as per Section 115 of the MH Act. On the other hand, Public Prosecutor submitted that Section 115 applies only to Section 309 IPC and there is no bar in conducting the trial and punishing the accused under any other offences in IPC, including Section 302 IPC.Section 115 (1) of the MH Act reads thus: “(1) Notwithstanding anything contained in section 309 of the Indian Penal Code (45 of 1860) any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code.”The Court stated that as per Section 115 of the MH Act, there is a statutory presumption that a person who attempted to commit suicide was under severe stress. The Court clarified that the legislature has used the term 'under the said code' which implies that it creates a restriction in conducting the trial and punishing a person for the offence not just under Section 309 IPC, but also for other offences in the IPC committed in the course of the same transaction. Court said, “It is very pertinent to note that the legislature has consciously avoided the words such as “the said provision” or “the said section” and instead, has specifically stated “the said Code”, while enacting Section 115(1) of the Act. The terminology “the said Code” used in Section 115(1) undoubtedly refers to Indian Penal Code, which is referred to in the earlier part of the Section.”The Court further referred to Section 115 (2) of the MH Act which states that the government has a duty to care and protect persons under severe stress who have attempted to commit suicide. The Court stated that if a person is convicted under the IPC for other offences committed while they had attempted suicide, then they cannot be given the care and protection as mandated by the law under Section 115 (2). The Court also referred to Section 120 of the MH Act which states that the provisions of the Act will have an overriding effect if there is inconsistency with any other statute in force at that time.The Court referred to Common Cause (A Registered Society) v. Union of India & Another (2018) and Ravinder Kumar Dhariwal & Anr v. Union of India & Others (2023) to state that a person under severe stress must be given care, treatment and rehabilitation rather than penal sanctions.In the facts of the case, the Court noted that the MH Act came into force on July 07, 2018 while the trial of the case was going on. The Court thus stated that the Trial Court ought to ...

Mental Health Act Bars Punishing Persons For Offences Committed While Attempting Suicide : Kerala High Court

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